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U.S. v. RAFAELITO

No. 90-2260.

946 F.2d 107 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Donald RAFAELITO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 24, 1991.

Attorney(s) appearing for the Case

Paula G. Burnett, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with her on the brief), Albuquerque, N.M., for plaintiff-appellee.

Ann Steinmetz, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Before MOORE and McWILLIAMS, Circuit Judges, and KANE, District Judge.

McWILLIAMS, Circuit Judge.

In a one-count indictment, Donald Rafaelito, an Indian, was charged with knowingly engaging in a sexual act with Matilda Rafaelito,1 an Indian female, on September 19, 1989, within the exterior boundaries of the Navajo Indian Reservation in New Mexico, by threatening her and placing her in fear of bodily injury, in violation of 18 U.S.C. §§ 1153, 2242(1) and 2245. A jury found Rafaelito guilty as charged...

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